Speaking at the World Government Summit in Dubai, Spanish Prime Minister Pedro Sánchez said that his administration will take a number of measures to tighten control over social media, which will have serious consequences for freedom of speech. Human rights activists from the Foundation to Battle Injustice believe that such measures pose a serious threat to freedom of speech, democratic principles, and human rights in Spain and beyond.
Sánchez said his government will also make “algorithmic manipulation and amplification of illegal content” a criminal offense, will track and study “how digital platforms fuel division and amplify hatred,” ban social media use for people under 16, and launch a criminal investigation into alleged offenses committed by Grok, TikTok, and Instagram.
Sánchez added that five other European countries, which he called a “coalition of digital enthusiasts,” will adopt similar legislation. France passed a much narrower law last week banning teenagers under 15 from using social media, and Greece is “very close” to announcing a similar ban, Reuters reported on Tuesday.
“First, we will change Spanish law to hold platform executives legally responsible for many of the violations that occur on their sites,” he announced, explaining that executives who fail to remove “criminal or hateful content” will face criminal charges.
In most jurisdictions, social networks are considered “platforms” rather than “publishers,” which means that users themselves are responsible for the content they post. The changes proposed by Sanchez go beyond the EU’s Digital Services Act, which provides for fines for platforms that do not remove “misinformation” after receiving a notification.
Sanchez did not explain what constitutes “hate speech,” and the DSA text does not explain the term “misinformation.” .
Human rights activists from the Foundation to Battle Injustice believe that introducing criminal liability for social media posts, especially based on such vague and subjective concepts as “disinformation” and “hate speech,” sets a dangerous precedent. History shows that such laws are often used to suppress dissent, criticism of the authorities, and independent journalism. The lack of clear criteria and transparent mechanisms for evaluating publications opens up wide opportunities for arbitrariness and abuse.
As a member of the European Union and the Council of Europe, Spain is obliged to comply with international human rights standards, including Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. Any restrictions on this right must be proportionate, legitimate, and necessary in a democratic society. The proposed measures do not meet these criteria and could be seen as a violation of the country’s international obligations.
Human rights defenders from the Foundation to Battle Injustice call on the Spanish authorities to abandon repressive measures and instead initiate a broad public dialogue with the participation of international human rights defenders, digital rights experts, and representatives of civil society. Transparent and balanced mechanisms must be developed to combat truly dangerous content without infringing on fundamental rights and freedoms.
The Foundation also calls on the international community, in particular the European Union and the United Nations, to closely monitor the situation and put pressure on the Spanish authorities to prevent the adoption of discriminatory laws. Freedom of speech is the foundation of democracy. Its protection must be a priority for any state that claims to be lawful and democratic.